Madras High CourtSA(MD)/168/2019dismissed for nonprosecution

S. Arokiam v. S.Soosai Manickam (Died)

2025-06-16Honourable Mr.Justice G.Arul Murugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025

CORAM

THE HON'BLE MR.JUSTICE G.ARUL MURUGAN S.Arockiam ... Appellant/Appellant/ Plaintiff Vs.

S.Soosai Manickam (died) S.Thavamani (died) 1.TA.Annamuthu 2.Vedhammal 3.Petric 4.Jailormeri (Amended as per order in I.A.No.79/2018 allowed dated 20.07.2018) 5.Sirumalai 6.Micheal Ammal 7.G.Selvi 8.Thilagamary 9.Suresh 10.P.Gnanasoundari 11.A.Elizabethrani 12.Emakulate 1/4

13.S.Mariyavalan Arasu 14.S.Martin 15.Jerold 16.Paul ... Respondents / Respondents / Defendants (Defendants 1 to 5 impleaded as L.Rs of the deceased D2 as per order in I.A.No.488/2011 dated 30.11.2012 and amended as per order in I.A.No.495/2012 dated 18.01.2013) (Defendants 6 to 16 impleaded as L.Rs of the deceased D1, as per order in I.A.No.166/2016 dated 11.11.2016 and amended as per order in I.A.No.178/2016 dated 19.06.2017) PRAYER : Second Appeal filed under Section 100 Cr.P.C., against the judgment and decree dated 01.11.2017 made in A.S.No.50 of 2014 on the file of the Subordinate Judge, Devakottai, confirming the judgment and decree dated 17.04.2014 made in O.S.No.118 of 2006 on the file of the District Munsif, Devakottai.

For Appellant : No appearance For Respondents : Mr.K.Balasundaram for KBS Law Office for R1 to 3 : No appearance for R4 to 16

JUDGMENT

When the second appeal was listed for hearing on 09.06.2025, there was no representation on the side of the appellant. Hence, the 2/4

appeal was directed to be listed under the caption "for dismissal" on 16.06.2025.

2. Even today (ie.16.06.2025), when the matter was listed under the caption "for dismissal", there is no representation on the side of the appellant. It is evident that the appellant is not interested in prosecuting the appeal.

3. In view of the above, this Second Appeal is dismissed for non prosecution. There shall be no order as to costs. NCC : Yes / No 16.06.2025 Internet : Yes / No Index : Yes / No LS To 1.The Subordinate Judge, Devakottai.

2.The District Munsif, Devakottai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ARUL MURUGAN ,J.

LS SA.(MD)No.168 of 2019 16.06.2025 4/4